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Georgia Department of Transportation
September 26, 2022
Pl No. 0017414
SR 26/US 80 @ Bull River
Honorable Shirley Sessions, Mayor
Attn: Mr. Shawn Gillen, City Manager
City of Tybee Island
P.O. Box 2749
403 Butler Avenue
Tybee Island, Ga 31328
Dear Mr. Gillen:
Russell R. McMurry, P.E., Commissioner
One Georgia Center
600 West Peachtree Street, NW
Atlanta, GA 30308
(404) 631-1000 Main Office
Enclosed is a Memorandum of Agreement (MOA) detailing Right of Way commitments
for the above referenced project.
When this project was added to the Construction Work Program, The Local Government
of Tybee Island agreed to fund 100% of the Right of Way phase.
The Local Government will be responsible for providing payment of One Million Four
Hundred Eighty -Three Thousand Dollars ($1,483,000.00) to the DEPARTMENT within
ninety (90) calendar days after the execution of this Agreement.
All payments by the Local Government to the DEPARTMENT shall be sent as follows:
For payments made by check:
Georgia Department of Transportation
P.O. Box 117138
Atlanta, GA 30368-7138
For payments made by ACH:
Bank Routing (ABA) # 021052053
Account # 43125093
Please review the attached agreement, and, if satisfactory, execute the agreement within
the Contract Authorization Tracking System (CATS) using the DocuSign® electronic
signature system.
PI No. 0017414, City of Tybee Island
September 26, 2022
Page 2
Once the signed agreement is received within CATS, it will be routed for GDOT
signatures, and then the City of Tybee Island will be sent one copy of the fully executed
agreement for the project file.
If you have any questions about items contained in this agreement, please contact the
Project Manager, Robert Johnson at (470) 747-2555,
Sincerely,
W•
Kimberly W. Nesbitt
State Program Delivery Administrator
KWN:CLB:CSL:RLJ
cc:
Honorable Ann R. Purcell, State Transportation Board Member, Congressional District 1
Albert V, Shelby, Director of Program Delivery
Troy D. Pittman, District 5 Engineer
Jonathan Martinez, District 5 Preconstruction Engineer
Katie Proctor, District Planning & Programming Manager
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE GEORGIA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF TYBEE ISLAND
FOR
EXECUTION OF RIGHT-OF-WAY PHASE OF PROJECT NO. 0017414
This Memorandum of Agreement is made and entered into this &%� G
("Effective Date"), by and between the GEORGIA DEPARTMENT OF TRANS RTATION, an
agency of the State of Georgia (hereinafter called the "DEPARTMENT"), and the CITY OF TYBEE
ISLAND, a political subdivision of the State of Georgia, acting by and through its Mayor
(hereinafter called the "LOCAL GOVERNMENT") (collectively DEPARTMENT and LOCAL
GOVERNMENT shall be referred to collectively herein as 'PARTIES" and individually as
"PARTY").
WHEREAS, Project No. 0017414 has been added to the Statewide Transportation
Improvement Plan to replace the existing bridge at Bull River, in Chatham County, with a two-
lane bridge that includes bicycle and pedestrian improvements (PROJECT"): and
WHEREAS. the LOCAL GOVERNMENT is responsible for the funding associated with the
right-of-way phase of the PROJECT (hereinafter called "Right -of -Way Phase"); and
WHEREAS, since the DEPARTMENT has primary responsibility for the planning, design,
and subsequent construction and delivery of the PROJECT, the LOCAL GOVERNMENT would
like the DEPARTMENT to perform the Right -of -Way Phase activities for the PROJECT; and
WHEREAS, the DEPARTMENT is amenable to doing so if the LOCAL GOVERNMENT
will comply with DEPARTMENT'S policy requiring the LOCAL GOVERNMENT to pay 100% of all
of the Right -of -Way Phase expenses incurred by the DEPARTMENT: and
WHEREAS, the LOCAL GOVERNMENT is willing to pay all the DEPARTMENT'S expenses
to execute the Right -of -Way Phase of the PROJECT; and
WHEREAS, the PARTIES wish to arrive at a formal understanding regarding their
respective responsibilities as they relate to the implementation of the Right -of -Way Phase of the
PROJECT.
NOW THEREFORE, it is hereby agreed and understood by and between the PARTIES
that:
1. The LOCAL GOVERNMENT shall pay all the DEPARTMENT'S expenses associated
with the Right -of -Way Phase of the PROJECT in accordance with the terms of this
Memorandum of Agreement. The estimated cost of the DEPARTMENT'S expenses
for the Right -of -Way Phase for the PROJECT is One Million Four Hundred Eighty -
Three Thousand Dollars ($1,483,000.00).
2. Within ninety (90) calendar days of the Effective Date of this Memorandum of Agreement,
the LOCAL GOVERNMENT shall remit to the DEPARTMENT the full amount of the One
Million Four Hundred Eighty -Three Thousand Dollars ($1,483,000.00) as payment of the
estimated Right -of -Way Phase costs ("Payment").
a. The full amount of the Payment shall be applied by the DEPARTMENT to the costs
incurred during the Right -of -Way Phase of the PROJECT, including, but not limited
to, attorney fees (ownership verification forms, preliminary titles, closing fees, and
Project # 0017414, Chatham County
condemnation fees, which include litigation costs); property pin replacement fees;
recording fees (deeds and condemnation); appraisal fees; cost of right-of-way
(whether by option, counteroffer or condemnation); relocation costs; and property
management demolition costs.
b. The DEPARTMENT shall have no further obligation to the LOCAL GOVERNMENT
under this Memorandum of Agreement if the full amount of the Payment is not
timely remitted to the DEPARTMENT by the LOCAL GOVERNMENT.
c. In the event that the DEPARTMENT's expenses for the Right -of -Way Phase of the
PROJECT exceed the LOCAL GOVERNMENTS Payment; the LOCAL
GOVERNMENT shall pay the DEPARTMENT'S the full cost of any additional
expenses incurred. The full amount of such additional costs shall be paid by the
LOCAL GOVERNMENT within thirty (30) calendar days following receipt from the
DEPARTMENT of written notification of the amount that the Right -of -Way Phase
expenses for the PROJECT has exceeded the Payment.
d. Under no circumstances will the DEPARTMENT have any obligation to refund or
reimburse the LOCAL GOVERNMENT for any portion of the Payment or any
supplement thereto that has been properly expended by DEPARTMENT pursuant
to the terms of this Memorandum of Agreement.
3. The PARTIES recognize and agree that it may be necessary or convenient to amend this
Memorandum of Agreement so as to provide for the orderly implementation of the
undertakings described herein. The PARTIES agree to cooperate fully in connection with
such amendments if and as determined necessary; provided, however, that no change,
modification or amendment to this Memorandum of Agreement shall be effective unless
the same is reduced to writing and signed by the PARTIES hereto.
4. This Memorandum of Agreement is executed in Fulton County of the State of Georgia,
and all matters pertaining to its validity, construction, interpretation and effect shall be
governed by the laws of the State of Georgia.
5. Except as herein provided, the PARTIES will not transfer or assign all or any of their rights
or interests hereunder or delegate any of their duties or obligations hereunder without the
prior written consent of the other PARTY, which consent will not be unreasonably withheld.
6. No failure of either PARTY to exercise any right or power given to such PARTY under this
Agreement or to insist upon strict compliance by the other PARTY with the provisions of
this Memorandum of Agreement, and no custom or practice of either PARTY at variance
with the terms and conditions of this Memorandum of Agreement will constitute a waiver
of either PARTY'S right to demand exact and strict compliance by the other PARTY with
the terms and conditions of this Memorandum of Agreement.
7. Each of the provisions of this Memorandum of Agreement will be binding upon and inure
to the benefit and detriment of the PARTIES and their successors and assigns.
8. If any one or more of the provisions contained herein is for any reason held by any court
of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability will not affect any other provision hereof, and this
Memorandum of Agreement will be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
9. This Memorandum of Agreement constitutes the entire agreement and understanding
between the PARTIES hereto and replaces, cancels, and supersedes any prior
agreements, understandings relating to the subject matter hereof; and all prior
2
Project # 0017414, Chatham County
representations, agreements, understandings, and undertakings between the PARTIES
hereto with respect to the subject matter hereof are merged herein.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.)
3
Project # 001741 1, Chatham County
IN WITNESS WHEREOF, said PARTIES have hereunto set their seals the day and year
above first written.
GEORGIA DEPARTMENT OF
TRANSPORTATION
BY:( J)
RUSSELL R. MCMURRY
Commissioner
(SEAL)
AI YE
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Treasu -r
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Attest
CITY OF TYBEE ISLAND
BY:
PIIRLET SESSit3NS
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s
MAYOR
(SEAL)
Signed, sealed and delivered this
day of ..64.4.4 4,17,. , 202 n the
prese of: /
tary Public
Janet R LeViner
NOTARY PUBLIC
Chatham County, GEORGIA
rliiiCot:groisv rt gimAttlisel i,►, 5p cal
,•vernment, the ay of
2023!
Name and Title
FEIN:
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58-6000-661
(SEAL)
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GEORGIA DEPARTMENT OF TRANSPORTATION
PRELIMINARY ROW COST ESTIMATE SUMMARY
Cost Estimation Supervisor :
Date:
Revised:
6/16/2022
Project: SR 26/US 80 Improvements
County: Chatham
PI: 0017414
Description: SR 26/US 80 Over the Bull River
Project Termini: Johnny Mercer Blvd to East of Bull River
Existing ROW: Varies
Parcels: 11 Required ROW: Varies
Land and Improvements $1,205,496.60
Praxfmity Damage SO DO
Censegueatiai Damage $299,000.00
Cast to Cases $14000.00
Trade Fixtures $8,000.00
Improvements 5 g gco 00
Valuation Services $73,125.00
Legal Services $82,425.00
Relocation $33,000.00
Demolition $1,500.00
Administrative $87,000.00
TOTAL ESTIMATED COSTS $1,482,546.60
TOTAL ESTIMATED COSTS (ROUNDED) $1,483,000.00
Prepared By: Benjamin M. Garland Jr C6. ' 'O 6/16/2022
Print Name Signature Date
Valencia Carter QJale+tela &vet xleveo22
Print Name Signature Date
NOTE: Superv'rser is only attesting that the estimate was completed using the correct information provided for the the project. The Supervisor
is not attesting to property values or the accuracy of the market value estimations provided in this report. No Market Appreciation is Included
in this Preliminary Cost Estimate.
Comments: Land Sales have researched with Chatham County Tax Assessor site, GAMLS, and CoStar Data Service. All sales data is in the
appraisers' electronic work file and can be provided upon request. The protect has been personally inspected by the appraiser. It is assumed
that the USTs that are located on Parcel SA are being impacted but there would be ample area to close the tanks and relocate to another
location. Estimate of cost for this from similar USTs from GDOT projects. Parking damages on Parcel 6 were assessed for temporary use of the
front row of parking during the project. Minor site improvements estimated using Marshall Valuation Service as guide for estimating
replacement costs. Any other improvements considered non-contributory to value.